Open Access. Powered by Scholars. Published by Universities.®

Human Rights Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2016

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 91 - 120 of 434

Full-Text Articles in Human Rights Law

Mapping Mining To The Sustainable Development Goals: An Atlas, Columbia Center On Sustainable Investment, Sustainable Development Solutions Network, United Nations Development Programme, World Economic Forum Jul 2016

Mapping Mining To The Sustainable Development Goals: An Atlas, Columbia Center On Sustainable Investment, Sustainable Development Solutions Network, United Nations Development Programme, World Economic Forum

Columbia Center on Sustainable Investment Staff Publications

CCSI has been working with the World Economic Forum, United Nations Development Programme (UNDP), and the UN Sustainable Development Solutions Network (SDSN) to create a shared understanding of how the mining industry can most effectively contribute to the SDGs. The report will help mining companies navigate where their activities – from exploration, through operations and mine closure – can help the world achieve the SDGs. Governments, civil society and other stakeholders can also identify opportunities for shared action and partnership with the industry.

A draft report of Mapping Mining to the Sustainable Development Goals: A Preliminary Atlas was released for …


Employment From Mining And Agricultural Investments: How Much Myth, How Much Reality?, Kaitlin Y. Cordes, Olle Östensson, Perrine Toledano Jul 2016

Employment From Mining And Agricultural Investments: How Much Myth, How Much Reality?, Kaitlin Y. Cordes, Olle Östensson, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

Employment creation is often seen as a key benefit of investment in natural resources. However, this benefit sometimes falls short: job estimates may be inflated, governmental policies may fail to maximize employment generation, and, in some cases, investments may lead to net livelihood losses. A more thorough examination of employment tied to mining and agricultural investments is thus useful for assessing whether and how employment from natural resource investments contributes to sustainable economic development – a particularly timely topic as countries consider how they will achieve the Sustainable Development Goals adopted in 2015.

This report aims to clarify the processes …


Treading Well Beyond The Ecological To Account For Socioecological Systems And Human Rights In Climate Adaptation Law, Ann M. Eisenberg Jul 2016

Treading Well Beyond The Ecological To Account For Socioecological Systems And Human Rights In Climate Adaptation Law, Ann M. Eisenberg

Faculty Publications

No abstract provided.


Outlining The Case For A Common Law Duty Of Care Of Business To Exercise Human Rights Due Diligence, Douglass Cassel Jul 2016

Outlining The Case For A Common Law Duty Of Care Of Business To Exercise Human Rights Due Diligence, Douglass Cassel

Journal Articles

This article outlines the case for a business duty of care to exercise human rights due diligence, judicially enforceable in common law countries by tort suits for negligence brought by persons whose potential injuries were reasonably foreseeable. A parent company’s duty of care would extend to the human rights impacts of all entities in the enterprise, including subsidiaries. A company would not be liable for breach of the duty of care if it proves that it reasonably exercised due diligence as set forth in the Guiding Principles on Business and Human Rights. On the other hand, a company’s failure to …


Surveillance By Algorithm: The Nsa, Computerized Intelligence Collection, And Human Rights, Peter Margulies Jul 2016

Surveillance By Algorithm: The Nsa, Computerized Intelligence Collection, And Human Rights, Peter Margulies

Law Faculty Scholarship

No abstract provided.


2016 Cardozo Public Law, Policy, And Ethics Journal Symposium Jul 2016

2016 Cardozo Public Law, Policy, And Ethics Journal Symposium

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


International Accountability In U.S. Law: A Call For Legislation, Jonah Diamond Jul 2016

International Accountability In U.S. Law: A Call For Legislation, Jonah Diamond

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


My Body, My Property, My Baby? The Extension Of Property Rights To Sexual Reproductive Cells And Embryos, Chanel Vegh Jul 2016

My Body, My Property, My Baby? The Extension Of Property Rights To Sexual Reproductive Cells And Embryos, Chanel Vegh

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Contesting Austerity: The Potential And Pitfalls Of Socioeconomic Rights Discourse, Joe Wills, Ben Warwick Jul 2016

Contesting Austerity: The Potential And Pitfalls Of Socioeconomic Rights Discourse, Joe Wills, Ben Warwick

Indiana Journal of Global Legal Studies

This article argues that, while socioeconomic rights have the potential to contribute to the contestation of austerity measures and the reimagining of a "postneoliberal" order, there are a number of features of socioeconomic rights as currently constructed under international law that limit these possibilities. We identify these limitations as falling into two categories: "contingent" and "structural". Contingent limitations are shortcomings in the current constitution of socioeconomic rights law that undermine its effectiveness for challenging austerity measures. By contrast, the structural limitations of socioeconomic rights law are those that pertain to the more basic presuppositions and axioms that provide the foundations …


Session 2: The U.S. Perspective, Peter K. Yu, Allan Adler, Duncan Crabtree-Ireland, Mickey Osterreicher, Michael Wolfe, Aurelia J. Schultz Jul 2016

Session 2: The U.S. Perspective, Peter K. Yu, Allan Adler, Duncan Crabtree-Ireland, Mickey Osterreicher, Michael Wolfe, Aurelia J. Schultz

Faculty Scholarship

This panel provides an overview of the current state of protection of moral rights in the United States, including discussion of the “patchwork” approach of federal and state laws, as well as judicial opinions.


Engendering Peace And Justice After Armed Conflict: A Call For Qualitative Research Among Women's Community Networks, Jennifer Moore Jul 2016

Engendering Peace And Justice After Armed Conflict: A Call For Qualitative Research Among Women's Community Networks, Jennifer Moore

Faculty Scholarship

Transitional justice refers to a variety of mechanisms established to help postconflict societies account for the war and build the peace, including war crimes tribunals, truth and reconciliation commissions, and reparations programs. The framework of transitional justice, while responsive to local actors and local realities, was largely constructed by external actors, including foreign states, international organizations, non-governmental agencies, advocates, and academics working in the fields of human rights and rule of law promotion. The gender dilemma for global and local transitional justice practitioners is the increasing awareness that most women in war-affected countries have not been well-served by the considerable …


Syria: Can International Law Cope? Workshop Report, Christopher M. Ford Jun 2016

Syria: Can International Law Cope? Workshop Report, Christopher M. Ford

International Law Studies

The Stockton Center for the Study of International Law at the U.S. Naval War College and the Center for the Rule of Law at the U.S. Military Academy convened a three-day workshop in November 2015. The workshop sought to examine the question posed by its title: Can International Law Cope with the Situation in Syria? It is a question that has ramifications for the viability of international law well beyond the confines of events in Syria. This report surveys the key issues that were raised during the workshop and serves as an introduction to the articles that follow in this …


Mapping War Crimes In Syria, Beth Van Schaak Jun 2016

Mapping War Crimes In Syria, Beth Van Schaak

International Law Studies

This article maps the range of war crimes being committed in Syria with reference to the applicable treaty and customary international law and prospects for prosecution. It begins by presenting the international legal framework employed to determine when an armed conflict began in Syria, how this conflict is classified under international law and which multilateral treaties and customary rules are operative. This framework underlies the determination of which war crimes can be prosecuted, which tribunals might have jurisdiction and which perpetrators may be made subject to indictment. The article next focuses on some open legal and factual issues around certain …


Newsroom: Vox: Mancheno '13 On Orlando 6-23-2016, Luis F. Mancheno, Vox, Roger Williams University School Of Law Jun 2016

Newsroom: Vox: Mancheno '13 On Orlando 6-23-2016, Luis F. Mancheno, Vox, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Terrorism: The Proposed United States Draft Convention, William T. Bennett Jun 2016

Terrorism: The Proposed United States Draft Convention, William T. Bennett

Georgia Journal of International & Comparative Law

No abstract provided.


The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk Jun 2016

The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk

Georgia Journal of International & Comparative Law

No abstract provided.


Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand Jun 2016

Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand

Georgia Journal of International & Comparative Law

No abstract provided.


A Rejoinder To G. Skinner's Rethinking Limited Liability Of Parent Corporations For Foreign Subsidiaries' Violations Of International Human Rights Law, Radu Mares Jun 2016

A Rejoinder To G. Skinner's Rethinking Limited Liability Of Parent Corporations For Foreign Subsidiaries' Violations Of International Human Rights Law, Radu Mares

Washington and Lee Law Review Online

No abstract provided.


Imagined Identities: Defining The Racial Group In The Crime Of Genocide, Carola Lingaas Jun 2016

Imagined Identities: Defining The Racial Group In The Crime Of Genocide, Carola Lingaas

Genocide Studies and Prevention: An International Journal

The provisions on genocide protect four exclusive, amongst others the racial, groups. Yet, international criminal tribunals are manifestly uncomfortable with collective groupings and interpret ‘race’ rather inconsistently. Nevertheless, there is a tendency to a subjective approach based upon the perpetrator’s perception of the targeted group. The victim’s membership is accordingly not determined objectively, but by the perception of differentness. This article incorporates the theory of imagined identities into law, thereby providing tribunals with a tool to define ‘race’. Its essence is that even if the group does not exist, it must be granted protection because of its perceived and thereby …


Editors' Introduction, Melanie O'Brien, Joann Digeorgio-Lutz, Lior Zylberman, Christian Gudehus, Douglas Irvin-Erickson, Randle Defalco, Hilary Earl Jun 2016

Editors' Introduction, Melanie O'Brien, Joann Digeorgio-Lutz, Lior Zylberman, Christian Gudehus, Douglas Irvin-Erickson, Randle Defalco, Hilary Earl

Genocide Studies and Prevention: An International Journal

No abstract provided.


The Impact Of Rural Poverty On Women's Health Outcomes In Ethiopia: A Review Of A Walk To Beautiful, Christine A. Wernet Jun 2016

The Impact Of Rural Poverty On Women's Health Outcomes In Ethiopia: A Review Of A Walk To Beautiful, Christine A. Wernet

Societies Without Borders

It is estimated that 2-3 million women worldwide suffer from the debilitating effects of birth injuries such as fistulas. This hidden epidemic is both preventable and highly curable, yet poor women, especially those who live in the rural areas of underdeveloped countries continue to be profoundly negatively impacted physically, psychologically, and socially by this condition. The moving documentary, A Walk to Beautiful, highlights this global problem.


Not Complicit, But Inadequate: Looking At The Concurrent Rise Of Human Rights And Neoliberalism, Sonia Lawrence Jun 2016

Not Complicit, But Inadequate: Looking At The Concurrent Rise Of Human Rights And Neoliberalism, Sonia Lawrence

Articles & Book Chapters

No abstract provided.


Masthead And Front Matter Jun 2016

Masthead And Front Matter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Table Of Contents Jun 2016

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Debating Slavery And Empire In The Washington College Literary Societies, Alfred L. Brophy Jun 2016

Debating Slavery And Empire In The Washington College Literary Societies, Alfred L. Brophy

Washington and Lee Journal of Civil Rights and Social Justice

This paper examines the debates of the Washington and Graham Literary Societies at Washington College in the 1850s. It has two purposes. The first is to use the debate topics as a gauge of the issues on the minds of Washington College’s students, particularly as they related to slavery and empire. This is part of the growing literature on the intellectual history of the pre-Civil War South and of its connection to slavery, for issues of race and slavery were common in the debates. The second is a more theoretical point. I seek to intervene in the popular constitutionalism literature …


Different Script, Same Caste In The Use Of Passive And Active Racism: A Critical Race Theory Analysis Of The (Ab)Use Of “House Rules” In Race-Related Education Cases, Steven L. Nelson Jun 2016

Different Script, Same Caste In The Use Of Passive And Active Racism: A Critical Race Theory Analysis Of The (Ab)Use Of “House Rules” In Race-Related Education Cases, Steven L. Nelson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Not Just A Game: The Employment Status And Collective Bargaining Rights Of Professional Esports Players, Hunter Amadeus Bayliss Jun 2016

Not Just A Game: The Employment Status And Collective Bargaining Rights Of Professional Esports Players, Hunter Amadeus Bayliss

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Power To Retaliate: How Nassar Strips Away The Protections Of Title Vii, Catherine Donnelly Jun 2016

The Power To Retaliate: How Nassar Strips Away The Protections Of Title Vii, Catherine Donnelly

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Death Penalty And Mental Illness In International Human Rights Law: Toward Abolition, Richard J. Wilson Jun 2016

The Death Penalty And Mental Illness In International Human Rights Law: Toward Abolition, Richard J. Wilson

Washington and Lee Law Review

No abstract provided.


When Is A Trafficking Victim A Trafficking Victim? Anti-Prostitution Statutes And Victim Protection, Michele Boggiani Jun 2016

When Is A Trafficking Victim A Trafficking Victim? Anti-Prostitution Statutes And Victim Protection, Michele Boggiani

Cleveland State Law Review

Victims of sex-market trafficking are often criminalized under anti-prostitution statutes rather than protected under anti-trafficking laws. As a result, trafficking victims suffer ramifications resulting from both the exploitation of their captors and the social stigma of criminalization. The combined hardships make it exponentially more difficult for victims to overcome their past and safely reintegrate into society. This Article first identifies the sources of the double-victimization problem, including the perpetuated stereotypes regarding trafficking victims and the methods of exploitation, inadequate law enforcement training, and statutes that conflate sex-market victims with prostitution. Having identified the source of the problem, the author proposes …